In an opinion issued in December 2014 that recently became final, the Kentucky Supreme Court issued important guidance on proper jury instructions concerning causation of a plaintiff’s injury or death. In Branham v. Rock, 2012-SC-707, a decision authored by Justice Michelle Keller arising out of a medical malpractice action, the Court held that a so-called Read More 

Kentucky Rule of Evidence (KRE) 614(c) provides that a trial court may permit a juror to ask a question of a trial witness by submitting the question to the judge. The judge will then decide in his or her discretion whether to submit the question to the witness. Under KRE 614(d), any objections to a Read More 

A “satisfaction” clause is a fairly common provision in a variety of contract types. You have likely seen such a clause before or perhaps been a party to a contract involving one. Satisfaction clauses can cover a wide range of subjects, but they often appear as contingencies in contracts for the sale of real property.

In recent years the nation has engaged in public debate over the degree to which the government should “protect us from ourselves.” One example that garnered media attention was New York Mayor Michael Bloomberg’s attempt to ban big sodas from NYC restaurants (it was struck down by a New York appellate court). The goal of the measure was to combat a growing obesity problem in the city.

Everyone has heard some form of the proverb “good fences make good neighbors.” A recent Kentucky Court of Appeals opinion dealing with a dispute between neighbors over a shared driveway called to mind the “good fences” proverb.

Employers have always been a favorite target for lawsuits when their employees cause personal injuries. The reason for this is simple: they have the money. An example from a recent Kentucky Court of Appeals case illustrates a common fact pattern.

Over the past several years I have written a number of posts on this blog discussing the importance of reading contracts before signing them. The wisdom of this practice is obvious. Nevertheless, many people, including sophisticated businesspersons, routinely sign contracts before reading their terms.

Most people are generally aware of the idea behind statutes of limitation. They operate to set a time limit for filing a lawsuit in a civil case. Hopefully you will not encounter the need to consider a statute of limitations—that would likely mean you have been injured (and seek to file suit) or that you have been sued! Nevertheless, if you find yourself in such a predicament, understanding some basics about statutes of limitations can help.

As a member of DBL’s Civil Litigation Practice Group, I frequently defend small and medium-sized businesses against all sorts of lawsuits. While being sued is not a regular occurrence for most such companies, it remains a cost of doing business that many must suffer at some point. A recent case I read reminded me of a frequent question these clients ask at the outset: “can I recover my legal fees if I win.” Unfortunately, my response to this question often begins with “probably not.”